"The justices and their views will be exactly the same come June 2008," said Goldstein. "It is the cases that will be different."
However, American Civil Liberties Union Legal Director Steve Shapiro disagrees.
"The addition of John Roberts Jr. and Samuel Alito Jr. to the Court makes the trend line unmistakable...it is clear this Court has become significantly more conservative," he said.
In the coming months, several cases will test Goldstein's prediction and include, as posted on Law.com:
- United States v. Williams, a challenge to the so-called PROTECT Act, which makes it a crime to distribute anything "purported to depict" illegal child pornography. The U.S. Court of Appeals for the 11th Circuit found the law overly broad and vague.
- Baze v. Rees, granted on Sept. 26, which challenges the chemical combination used in lethal injections as an Eighth Amendment violation because it allegedly causes excruciating pain before death. While the Court isn't likely to ban lethal injections altogether, the case may trigger moratoriums and renewed debate over the death penalty.
- Virginia v. Moore, also granted Sept. 26, involves the exclusionary rule, which bars from trial evidence illegally obtained by police. The Virginia Supreme Court invalidated David Lee Moore's drug conviction because the evidence was obtained during a search that was improper.
